A. Purpose: To provide for private sewage disposal systems located in the Stagestand Creek drainage basin to connect to existing public sewage disposal systems in the Claridy, Willow and Cow Creek drainage basins.
B. When Permitted; Sanitation: Where a public sanitary sewer is not reasonably accessible within the city or in any area under the jurisdiction of the city per section 12-437 of this chapter, the building sewer may be connected to a private sewage disposal system that is connected to the existing public sewage collection system. Before approval of a final plat for land subdivision or issuance of a building permit for any new building that is to be served by a private sewage disposal system that is to be connected to the existing public sewer collection system, the applicant must demonstrate to the city that the following requirements have been met:
1. Availability of excess sewer capacity in the Cow Creek, Willow Creek, or Claridy Creek drainage basins for peak design flow(s) up to eighty five percent (85%) of "excess sewer capacity" as defined herein;
2. Such private sewage disposal system shall be designed, constructed, maintained and operated at all times in a sanitary manner as required by the Oklahoma department of environmental quality, Stephens County department of health, and the city;
3. Applicant provision of private easements for all off site portions of the private sewage disposal system;
4. Applicant shall provide operation and maintenance of the private sewage disposal system, including establishing funding in a form acceptable to the city based upon projected operating and maintenance costs of the private sewage disposal system as identified by an engineer, until such time as the private system can be dedicated and accepted by the city as a public system, as defined herein;
5. Gravity portion of the system shall comply with provisions in chapter 5, article C of this part;
6. Private sewage disposal system shall be designed, constructed and maintained to serve all contiguous land owned by the applicant; and
7. On site private sewage disposal system constructed for eventual connection to public system:
a. The private sewage disposal system has been designed to ensure a sanitary sewer service line stub is in a location sufficient to facilitate future connection to a public sanitary sewer system, as determined by the city engineer.
b. At such time that a public sanitary sewer line becomes reasonably accessible to any property served by a private sewage disposal system, the landowner(s) shall be required to discontinue use of the private sewage disposal system and connect to the public sanitary sewer system in accordance with the time frames for compliance specified below:
(1) Within two (2) years from the date that the public sanitary sewer line became reasonably accessible to the property; or
(2) Immediately, or as soon as practicable thereafter as determined by the city engineer, upon evidence of failure of the existing private sewage disposal system; or
(3) Within thirty (30) days of a change in ownership of the property.
c. The property owner(s) shall sign and record with the Stephens County clerk's office an affidavit of disclosure stating that they agree to suspend use of the private sewage disposal system and connect to a public sanitary sewer system when it is reasonably accessible to the property in accordance with the time frames for compliance specified above, whichever one occurs first with filing of final plat or issuance of building permit.
C. Discontinuance Standards: Whenever the use of a private sewage system is discontinued due to a voluntary or mandatory connection to the public sanitary sewer system in accordance with the provisions of this chapter, the property owner shall fill any septic tanks, cesspools and similar private sewage facilities shall be filled with suitable material in accordance with state and county regulations within ninety (90) days after discontinuance.
D. Appeals: An appeal from any action, decision, ruling, judgment of an administrative official or board or commission may be taken by any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or commission of the city to the district court.
E. Rates: Outside city limits rate, as provided for in the current fees schedule approved by city council setting forth such rates, shall apply to properties on private lift stations in the Stagestand Creek drainage basin until such time as the property is connected to a public sewage disposal system in the Stagestand Creek drainage basin.
F. Penalty: Any person found guilty of violating any provision of this section shall be assessed a penalty as provided for by section 1-108 of this code. (Ord. 1680, 10-27-2009)